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Title Jose Luis Rosas, et al. v. Carnegie Mortgage

February 25, 2013

TITLE JOSE LUIS ROSAS, ET AL.
v.
CARNEGIE MORTGAGE, LLC, ET AL.



The opinion of the court was delivered by: Honorable Christina A. Snyder

CIVIL MINUTES - GENERAL

Present: The Honorable CHRISTINA A. SNYDER

CATHERINE JEANG N/A N/A

Deputy Clerk Court Reporter / Recorder Tape No.

Attorneys Present for Plaintiffs: Attorneys Present for Defendants Not present Not present

Proceedings: (IN CHAMBERS:) DEFENDANT BANK OF AMERICA'S MOTION TO DISMISS THIRD AMENDED COMPLAINT

(Filed July, 9, 2012) [178];

DEFENDANTS ATLANTIC & PACIFIC FORECLOSURE SERVICES AND WELLS FARGO BANK N.A.'S MOTION TO DISMISS THIRD AMENDED COMPLAINT (Filed July 9, 12) [180];

DEFENDANTS INDYMAC BANK F.S.B., AND WASHINGTON MUTUAL BANK F.A.'S MOTION TO DISMISS THIRD AMENDED COMPLAINT; MOTION TO STRIKE CLASS ALLEGATIONS (filed July 9, 2012) [183];

DEFENDANT JPMORGAN CHASE BANK, N.A.'S MOTION TO DISMISS THIRD AMENDED COMPLAINT (filed July 9, 2012) [184]

DEFENDANT DEUTSCHE BANK NATIONAL TRUST COMPANY'S MOTION FOR JOINDER IN MOTION TO DISMISS THIRD AMENDED COMPLAINT (filed July 9, 2012) [185];

DEFENDANT CITIMORTGAGE INC.'S MOTION TO DISMISS THIRD AMENDED COMPLAINT (filed July 9, 2012) [187]

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES - GENERAL

Case No. CV 11-7692 CAS (CWx) Date February 25, 2013

Title JOSE LUIS ROSAS, ET AL. V. CARNEGIE MORTGAGE, LLC, ET AL.

INTRODUCTION

On August 16, 2011, plaintiffs Jose Luis Rosas et al. filed a putative class action complaint against defendants Carnegie Mortgage ("Carnegie"), et al. in the Los Angeles County Superior Court on behalf of themselves and all others similarly situated. On September 16, 2011, defendants removed the action to this Court pursuant to 28 U.S.C. §§ 1331 and 1441(c), asserting federal question jurisdiction based on plaintiffs' claims for breach of contract with a federal agency and violations of due process under the Fifth Amendment to the United States Constitution.

Plaintiffs filed their first amended complaint ("FAC") on August 16, 2011. Dkt. No. 72. The FAC asserted numerous state and federal claims against several national banks including CitiMortgage, Inc. ("Citi"); Washington Mutual Bank, F.A. ("WaMu"); JP Morgan Chase Bank, N.A. ("Chase"); and Bank of America ("BOA"). The FAC also asserted claims against the Federal National Mortgage Association ("Fannie Mae").

On March 12, 2012, the Court granted defendants' motions to dismiss plaintiffs' federal claims with prejudice. Dkt. No. 134 at 11. The Court also agreed to exercise jurisdiction over the state law claims asserted against Fannie Mae, but dismissed those claims without prejudice. Id. The Court declined to exercise ...


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